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117 Misc. 2d 587 · New York County Courts · Jan 14, 1983
Christello had a clear image of the person who robbed the store (Coleman v Alabama, 399 US 1 ; People v Harrington, 29 NY2d 498 ; People v Fuller, 71 AB2d 589). … (United States v Fosher, supra; People v Valentine, 53 AD2d 832 ; People v Suleski, 58 AD2d 1023.)
Cited 8 timesPublished113 A.D.2d 893 · Appellate Division of the Supreme Court of the State of New York · Sep 23, 1985
supra, at p 210 ; United States v Smith, 643 F2d 942, 944-945, cert denied 454 US 875 ). … J., Bracken, Brown and Rubin, JJ., concur.
Cited 6 timesPublished60 A.D.2d 890 · Appellate Division of the Supreme Court of the State of New York · Jan 23, 1978
When defendant exited the store, Shapiro pointed him out and, according to the patrolman, referred to defendant by his name, Milton Brown. Defendant was arrested. … Finally, we cannot say on the basis of this record, that there is no reasonable possibility that the errors might have contributed to defendant’s conviction (see People v Von Werne, 41 NY2d 584 , 588; People v Crimmins, 36
Cited 2 timesPublished215 A.D.2d 381 · Appellate Division of the Supreme Court of the State of New York · May 1, 1995
Our review of the record reveals that the prosecutor’s conduct was not intended to provoke the petitioner to move for a mistrial (see, Oregon v Kennedy, 456 US 667 ; see also, Matter of Roman v Brown, 175 AD2d 899 ). … We reject the petitioner’s contention that the mistrial was granted without his consent and over his objection (see generally, People v Ferguson, 67 NY2d 383 ).
Cited 1 timesPublished268 A.D.2d 593 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 2000
731, 733 ; People v Montes, 118 AD2d 812, 813 ; People v Oliver, 96 AD2d 1104 , affd 63 NY2d 973 ). … v Montes, supra).
Cited 8 timesPublished14 Daly 456 · New York Court of Common Pleas · Apr 2, 1888
appeal, or whether to give judgment absolute against the appellant, where an appeal is taken to this court from an order of the General Term of the City Court that grants a new trial, may be found in the cases of Tisdale v. … Murray ( 9 Daly 446 ), Sands v. Crooke ( 46 N. Y. 569 ), and Harris v. Burdett ( 73 N.
Cited 2 timesPublished169 A.D.2d 702 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1991
However, this transaction was barred by tbe Statute of Frauds contained in UCC 8-319 (a) (see, Gross v Vogel, 81 AD2d 576 ), and not subject to any of the exceptions therein. … Inasmuch as none of these writings is signed by the party to be charged, this contention is unavailing (see, Fox Co. v Kaufman Org., 74 NY2d 136 ; Crabtree v Arden Sales Corp., 305 NY 48 ). Bracken, J.
Cited 6 timesPublished140 A.D.2d 362 · Appellate Division of the Supreme Court of the State of New York · May 2, 1988
On the night of November 13, 1984, the defendant Brown and two others blocked Karen Moore’s passage on the corner of Pulaski and Tompkins Avenue in Brooklyn. … Lastly, we have reviewed the defendant’s sentence and find it to be fair and appropriate under the circumstances (see, People v Suitte, 90 AD2d 80 ). Brown, J. P., Weinstein, Spatt and Balletta, JJ., concur.
Cited 3 timesPublished107 A.D.2d 754 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 1985
We have reviewed the record and do not find that the arresting officer’s testimony was either incredible as a matter of law or patently tailored to avoid constitutional objections (see People v Berrios, 28 NY2d 361 ; People … v Hardy, 106 AD2d 403 ; People v Parmiter, 55 AD2d 938 ; People v Garafolo, 44 AD2d 86 ).
Cited 3 timesPublished2024 NY Slip Op 03439 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 2024
People v Brown ( 2024 NY Slip Op 03439 ) People v Brown 2024 NY Slip Op 03439 Decided on June 20, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … No. 10017/21) [*1]The People of the State of New York, appellant, v Kasson Brown, respondent. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Eric C. Washer, and Danielle M.
Cited 0 timesPublished246 A.D.2d 603 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 1998
The police officers had probable cause to arrest the defendant since the car in which the defendant was a passenger had stolen license plates and the rear vent window was missing (see, People v Bigelow, 66 NY2d 417, 423 ) … Dickens, 88 NY2d 1031 ; People v Monahan, 237 AD2d 623 ).
Cited 3 timesPublished135 A.D.2d 713 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 1987
The failure of the petitioner to acquire personal jurisdiction over the respondents is a fatal jurisdictional defect precluding further action by this court (see, Macchia v Russo, 67 NY2d 592 ). Thompson, J. … P., Brown, Fiber and Sullivan, JJ., concur.
Cited 4 timesPublished175 A.D.2d 210 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1991
671 ; People v Alvarez, 160 AD2d 885 ; People v Goggans, 155 AD2d 689 ). … 66 NY2d 796, 799-800 ; see also, People v Sullivan, 153 AD2d 223, 227 ).
Cited 6 timesPublished70 Misc. 2d 546 · New York Family Court · Jul 5, 1972
(Matter of Swift v. Swift, 65 Misc 2d 1014, 1016 ). … (Matter of Rohonczy v. Rohonczy, 51 Misc 2d 443 .)
Cited 2 timesPublished256 A.D.2d 42 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 1998
The court properly denied defendant’s suppression motion without a hearing (see, People v Mendoza, 82 NY2d 415, 432-433 ). The People alleged that the police recovered counterfeit currency from defendant. … Defendant’s allegations did not establish any privacy interest in the currency seized, failing to confer upon him standing to move to suppress (see, People v Barshai, 100 AD2d 253 , lv denied 62 NY2d 804 , cert denied 469
Cited 5 timesPublished65 A.D.3d 980 · Appellate Division of the Supreme Court of the State of New York · Sep 29, 2009
Vincent’s Hospital and Medical Center’s designation of New York County as its corporate residence on its certificate of incorporation (see CPLR 503 [c]; Krochta v On Time Delivery Serv., Inc., 62 AD3d 579, 580 [2009]; Velasquez … v Delaware Riv.
Cited 1 timesPublished37 Misc. 367 · New York Supreme Court · Mar 15, 1902
It consists mainly of allegations of fact giving a history of the title, and of claims and disputes over the land in question for many years between various persons (Mitnacht v. Hawthorne, 31 Misc. Rep. 378 ). … Pleading has almost become a lost art in this part of the state, and it seems very difficult to restore it (Schroeder v. Post, 3 App. Div. 411 ).
Cited 2 timesPublished176 Misc. 748 · New York Court of Claims · Jul 9, 1941
And the decedent Brown was not the victim of a wholly unforeseen and unexplainable incident as was the decedent in the case of Trimble v. State of New York ( 176 Misc. 70 ). … (See Kittle v. State of New York, supra; Goldstein v. State of New York, 175 Misc. 114 .)
Cited 3 timesPublished294 A.D.2d 241 · Appellate Division of the Supreme Court of the State of New York · May 23, 2002
Cited 2 timesPublished10 Barb. 67 · New York Supreme Court · Oct 15, 1850
His attorney insists, however, that he has a lien for the -costs in these suits; that the two judgments are entirely for costs and disbursements, and properly belong to him alone, and that Brown must have known this, and … so had no right to settle the suits without the consent of Brown’s attorney, as Comstock is insolvent.
Cited 3 timesPublished
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